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ADDRESS CORRECTIO
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o CHE 5 0 UTTE
VOL. V NO. 34 JULY 27 - AUGUST 2, 1 3
incumbent
d Jame Turner
ere cti e Republicans, Democratic
y chair Verlin Zimmerman id the
Democrat choo eDy beeau he
BE HARBOR - There are
three ndidates for the city's fir
ard comrni ion t. They face off
in Tue y' primary, hich m f turn
out to be no more than a practice run.
Pending before th U.S. District
Court is a reapproportionrnent uit
to r dr city rd boundarie to
reflect population change from the
1940' when the line were fll and
I drawn.
Both the city and plaintiff ' attorney
Tat Parish pre nted on Monday plan
for redi . ting to U.s. Judg Richard
Enslen.
The city plan requests the court to
appoint a "m ern who will oversee
a public h �. 10, co
Iy
e
c, Zimmerman
clearly laying out a plan for
plan, the Democrat said,
would "break the borro ing habit"
of the city and proposed cooperation
be een bc;.. ... city's resources - the
y
pl
r
-
study them and mea recommend -
tion to the court.
The plaintiff plan calls for more citi
zen involvement. It uggest the court
order all four ward t to be up for
election in ovember. The plan also
that the four ard ts be filled
at large. That ould rve a tempor-
ary remedy, allowing time for a m ter
to oversee a permanent remedy.
Candidates for the fir ward seat
are incumbent Ed Eamon, teacher Arnold
Smith and the only proclaimed Demo
crat Clevan cClure.
Should the Judge leet the plaintiffs'
plan, the A 2 p . for ard ts
ould be overturned and a ne primary
scheduled for October.
25
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GA
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TOP GE3
FO
By Terry K
BENTO HARBOR - aurice Car
ter, TYing a Iife ' sentence in Jac son
prison for the December 1973 ult
on former police officer Thomas Sch d
ler, filed a motion ith the Berrien
County Circuit Court for a new trial.
A . stant Pro utor John Burhan
g y C -
ter for July 27 would be delayed and
rescheduled for some time within the
next 20 day .
In his motion Carter i asking for
a ne trial since the prosecution did
not produce a "res ge ae" itne
at the trial, and becau Carter was
denied "effective assistance of counsel".
Carter ated in the motion that
his court-appointed trial lawyer, James
Je of Buchanan "failed to properly
inve igate all the fact of the alleged
ofTen ."
Last year, this paper ran a rie of
articles pointing out glaring inconsis
tencie between statement made by
witne s in police reports and while
on the witne stand.
Schadler wa shot in 1973 bile
Christma shopping with hi ife in
the . shop, then located t the cor
ner of Pipestone and ain Streets in
do ntown Benton Harbor.
Carter arrested a fe days shy
of two year later when ilbur Gilles
pi te ified that Carter h d been the
gun man. Gille pie later retr ted hi
statement and rved prison time for
perjury. Gille pie id he had been
offered a d 1 by former poll e man
AI Edward in e change for hi indi t-
ment of Carter.
Carter a arre ed on the b sis of
Gille pie' perjured testimony and no
phy leal evidence ever produ ed to
link Carter ith the crime.
o motive was ever e t blished for
the shooting.
The itne that a never pro-
duced at the trial as Richard La ton
then man ger of Le th e land Furni
ture Store, then located on ain Street.
La ton wa the only itne quo
ted in ne spa per ccount of the oot
ing but a n ver brought to testify.
Carter ha provided aff d it
ith hi motion from Lawton hi h
tate th t La on a man run pa
the furniture store ho "not hat
I ould call tall man. y impre ion
that the man not si feet tall.
in . nt b cam
only factors gi en to the jury for on
ider tion.
The height factor one of th
contr diction pointed out in the ri
of Citizen article on th shootin.
. feet tall
iI-
tall. Other inconsi stencie
in a study of th trial tr
Co fi